Lindsey v. Harper Hospital

564 N.W.2d 861, 455 Mich. 56
CourtMichigan Supreme Court
DecidedJuly 8, 1997
Docket104430, Calendar No. 10
StatusPublished
Cited by80 cases

This text of 564 N.W.2d 861 (Lindsey v. Harper Hospital) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lindsey v. Harper Hospital, 564 N.W.2d 861, 455 Mich. 56 (Mich. 1997).

Opinions

Weaver, J.

The question presented is whether the plaintiffs wrongful death medical malpractice claim is barred despite the statute of limitations saving pro[59]*59vision of MCL 600.5852; MSA 27A.5852. Specifically, we must decide whether the statute of limitations saving provision began to run when the probate court issued plaintiff letters of authority as temporary personal representative on September 14, 1990, or when the probate court issued plaintiff letters of authority as personal representative on October 9, 1990. We hold that MCL 600.5852; MSA 27A.5852 began to run when plaintiff was appointed temporary personal representative on September 14, 1990, and, therefore, her claim is barred. Further, we hold that this decision is not limited to prospective application, but rather applies to this case, pending cases, and future cases interpreting MCL 600.5852; MSA 27A.5852. Accordingly, the decision of the Court of Appeals is affirmed.

i

The estate of the decedent Carolyn Lindsey filed this wrongful death medical malpractice action in the Wayne Circuit Court. The action alleged that defendant Harper Hospital and other named defendants failed to diagnose or to appreciate a postsurgicai infection that occurred between October 1, 1987, and December 17, 1987. These complications led to the amputation above the knee of the decedent’s right leg. Mrs. Lindsey died on January 7, 1988, allegedly as a result of the complications.

Plaintiff, decedent’s daughter, Lanya Lindsey, petitioned the Wayne Probate Court to be appointed temporary personal representative. The probate court approved the appointment and issued plaintiff letters of authority as temporary personal representative on September 14, 1990. On October 4, 1990, the probate [60]*60court appointed plaintiff personal representative of decedent’s estate, and issued plaintiff letters of authority as personal representative on October 9, 1990. On October 1, 1992, over two years after the issuance of the September 14, 1990, letters of authority, but within two years of the October 9, 1990, letters of authority, plaintiff initiated this wrongful death medical malpractice action against defendants.

Defendant Harper Hospital moved for summary disposition pursuant to MCR 2.116(C)(7). Defendant asserted that plaintiff’s claim was barred by the statute of limitations saving provision, MCL 600.5852; MSA 27A.5852, because the claim was filed more than two years after plaintiff’s appointment as temporary personal representative on September 14, 1990. Plaintiff responded that the claim was timely because it was filed within two years of the probate court’s issuance of the October 9, 1990, letters of authority as personal representative.

The circuit court denied defendant’s motion for summary disposition, but the Court of Appeals reversed and held that plaintiff’s claim was barred.1 This Court granted leave to appeal on October 9, 1996.2 We affirm the decision of the Court of Appeals.

n

The period of limitation for a medical malpractice action is two years from the time a claim first accrues. MCL 600.5805(4); MSA 27A.5805(4). However, where a potential claimant dies within thirty days after the statute of limitations has run or within [61]*61the two-year period of limitation, the statute of limitations saving provision operates to suspend the running of the statute until a personal representative is appointed to represent the interests of the estate. MCL 600.5852; MSA 27A.5852. The question presented in this case is whether the statute of limitations saving provision began to run when the court issued plaintiff letters of authority as temporary personal representative on September 14, 1990, or when the court issued plaintiff letters of authority as personal representative on October 9, 1990.

A

In arguing that the statute of limitations did not begin running until the letters of authority for the personal representative were issued, plaintiff relies on Szydelko v Smith’s Estate, 259 Mich 519; 244 NW 148 (1932).3 Szydelko interpreted the predecessor statutory provisions to the statute of limitations saving provision and Probate Code provisions at issue in the present case.

The statute of limitations saving provision at issue in Szydelko stated in pertinent part that the cause of

action may be commenced by or against the executor or administrator of the deceased person or the claim may be proved as a debt against the estate of the deceased person, as the case may be, at any time within two years after granting letters testamentary or of administration .... [1929 CL 13981.]

[62]*62To determine whether the Legislature intended that the words “letters testamentary or of administration” to include appointments of special administrators or only appointments of general administrators, Szydelko considered the use of the same words in the probate statute.

Szydelko found that “the appointment of a special administrator was a matter quite apart from the issuing of ‘letters testamentary or of administration.’ ” Szydelko, supra at 522. The Court noted that, unlike the general administrator, the special administrator had no powers of general administration and served solely to conserve the estate until the executor or general administrator was appointed. Id. More importantly, a special administrator could not be sued in personal actions accruing before the death of the decedent. Id. at 523. Szydelko thus concluded that the two-year statute of limitations did not begin to run until the issuance of letters of general administration. Id.

We find Szydelko’s consideration of Probate Code provisions instructive. However, we also find Szydelko not controlling for two reasons. First, the case at bar is distinguishable from Szydelko because the instant case involves claims by, rather than against, an estate. Second, there have been significant changes to both the Judicature Act and the Probate Code since Szydelko that limit Szydelko’s precedential value.

The language addressed in Szydelko is inapplicable because MCL 700.175; MSA 27.5175 expressly provides that “[t]he temporary personal representative may commence and maintain actions as personal representative . . . .” The problem addressed in Szy[63]*63delko, as stated above, was that the estate could not be sued in actions not already pending while under the administration of a special administrator. The Legislature, therefore, left a vacuum of authority, and the Szydelko Court was faced with the possibility that an estate could delay the appointment of the general administrator until the two-year period of limitation had run on an unfiled claim. However, we are not faced with a similar problem because the Legislature in the Revised Probate Code expressly authorizes the temporary personal representative to commence and maintain actions on behalf of the estate. MCL 700.175; MSA 27.5175.

Furthermore, in 1988 the statute of limitations saving provision of the Revised Judicature Act was amended to no longer address actions against estates, so Szydelko no longer controls the interpretation of the saving provision. Other substantive changes were also made to the probate law that limit Szydelko’s applicability.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ac v. State of Michigan
Michigan Court of Appeals, 2025
Estate of Hana St Juliana v. State Police
Michigan Court of Appeals, 2025
Mast v. Speedway LLC
W.D. Michigan, 2025
Mothering Justice v. Attorney General
Michigan Supreme Court, 2024
People v. Mazur
872 N.W.2d 201 (Michigan Supreme Court, 2015)
In re Kanjia
866 N.W.2d 862 (Michigan Court of Appeals, 2014)
in Re S Kanjia Minor
Michigan Court of Appeals, 2014
Derrick Johnson v. Jerry R. Floyd, M.D.
Court of Appeals of Tennessee, 2012
Ligons v. Crittenton Hospital
803 N.W.2d 271 (Michigan Supreme Court, 2011)
Vanslembrouck v. Halperin
763 N.W.2d 919 (Michigan Supreme Court, 2009)
Estate of Dale v. Robinson
760 N.W.2d 557 (Michigan Court of Appeals, 2008)
Luyster v. Sak
748 N.W.2d 815 (Michigan Supreme Court, 2008)
Braverman v. Garden City Hospital
746 N.W.2d 612 (Michigan Supreme Court, 2008)
Vanslembrouck v. Halperin
747 N.W.2d 311 (Michigan Court of Appeals, 2008)
Ammex, Inc v. Department of Treasury
742 N.W.2d 617 (Michigan Court of Appeals, 2007)
Carmichael v. Henry Ford Hospital
742 N.W.2d 387 (Michigan Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
564 N.W.2d 861, 455 Mich. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-harper-hospital-mich-1997.